2005•Journal of Shanxi UniversityRequires access

Replacement of Imputation of State Indemnity Law

Liu Zhen-rong

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Abstract

As the criterion for differentiating the categories of torts, imputation principles dominate other legal norms. Though the tort act of state power is the tort of obvious characteristics, general imputation principles of the tort law can still be applied to. Therefore, the expression of illegal liability is not accurate and must be replaced by principle of no-fault liability. Not only is it the normal usage of legal terms, but also the replacement can make us focus on the research of the illegality of power.

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What this paper is about

As the criterion for differentiating the categories of torts, imputation principles dominate other legal norms. Though the tort act of state power is the tort of obvious characteristics, general imputation principles of the tort law can still be applied to. Therefore, the expression of illegal liability is not accurate and must be replaced by principle of no-fault liability. Not only is it the normal usage of legal terms, but also the replacement can make us focus on the research of the illegality of power.

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Available abstract

As the criterion for differentiating the categories of torts, imputation principles dominate other legal norms. Though the tort act of state power is the tort of obvious characteristics, general imputation principles of the tort law can still be applied to. Therefore, the expression of illegal liability is not accurate and must be replaced by principle of no-fault liability. Not only is it the normal usage of legal terms, but also the replacement can make us focus on the research of the illegality of power.

Key concepts: Indemnity, Tort, Imputation (statistics), Liability, Law, Strict liability, Law and economics, Political science

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